HomeMy WebLinkAbout20092633RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 5, 2009
The Board of County Commissioners of Weld County, Colorado, met in regular session in full
conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County
Centennial Center, Greeley, Colorado, October 5, 2009, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members
were present, constituting a quorum of the members thereof:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Administrative Services, Monica Mika
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of September 30, 2009, as printed. Commissioner Kirkmeyer seconded the motion, and it
carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on September 30, 2009, as follows: 1) USR-1657 - Lafarge West, Inc.; and 2) USR-1703 —
Douglas and Deborah Duggan, c/o Petro -Canada Resources (USA) Inc. Commissioner Conway
seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
NEW BUSINESS:
CONSIDER EXPENDITURE AUTHORIZATION MODIFICATIONS FOR VARIOUS WORKFORCE
DEVELOPMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director,
Department of Human Services, stated the first modification will transfer funds, in the amount of
$84,645.00, from Program Year (PY) 2009 Workforce Investment Act (WIA) Dislocated Worker
Program to the corresponding line items of the PY 09 WIA Adult Program, in an effort to try and meet
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the increased demand for services, as well as the current and projected obligations to adult clients.
She stated the second modification also requests a transfer of funds, in the amount of $88,482.00, from
the PY 08 American Recovery and Reinvestment Act (ARRA) Dislocated Worker Program to the
corresponding line items in the PY 08 ARRA Adult Program in an effort to meet the obligations of the
adult client program. Commissioner Conway moved to approve said expenditure authorization
modifications and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO
SIGN - SHILOH HOME, INC.: Ms. Griego stated under this agreement Shiloh Home, Inc., will provide
day treatment services, and be reimbursed in the amount of $1,546.00 per month, with a maximum of
$40,000.00 funded by Core Services, for a term beginning September 11, 2009, and ending May 31,
2010. Commissioner Long moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN -
DYNAMIC FAMILY DESIGN: Ms. Griego stated under this agreement Dynamic Family Design
provides independent family investigations at the Platte Valley Youth Services, for a term retroactively
beginning June 16, 2009, and ending June 16, 2010. Commissioner Rademacher moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER AMENDMENT FOR TASK ORDERS #1 FOR STATE TOBACCO EDUCATION AND
PREVENTION PROGRAM PARTNERSHIP GRANT AND AUTHORIZE CHAIR TO SIGN: Dr. Mark
Wallace, Director, Department of Public Health and Environment, stated the contract for the State
Tobacco Education and Prevention Program was previously approved; however, the State is attempting
to balance its budget, therefore, funding for this program was reduced by 42 percent, in the amount of
$95,410.00, for a remaining balance of $131,575.00. He stated the program funding reductions are
effective in October, with $79,489 available for the remainder of the contract term, and the amended
budget reflects a reduction of a 1.25 full-time equivalent (FTE) position. Dr. Wallace explained the
staffing position has temporarily been transferred to assist with the potential pandemic flu response.
He stated there will be no further media purchases or staff training conferences; however, there will be
an emphasis on working to establish partnerships with WIC, Building Healthy Marriages, regional fire
departments, the CSU Extension Office, MYAT, the Weld County Food Bank, regional child care
centers, and community organizations in an effort to further some of the remaining programs. He
stated they will not be working with medical providers or schools under this scope of work, since there
will still be one remaining 1.25 FTE to carry out services. In response to Commissioner Garcia,
Dr. Wallace stated there is the potential for further cuts; therefore, in an effort to maintain activities, staff
will continue to reach out to volunteer organizations. He explained, because the State is in a declared
fiscal emergency, the funds can be reallocated, and at this time it is unclear whether they will continue
to need the reallocated funds. He further stated it will require another two-thirds majority vote of the
State legislature to declare another fiscal emergency. Commissioner Kirkmeyer moved to approve said
amendment and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER CONTRACT AMENDMENT #2 FOR CANCER, CARDIOVASCULAR DISEASE, AND
CHRONIC PULMONARY DISEASE PREVENTION AND TREATMENT GRANT PROGRAM FOR THE
HEART OF WELD PROJECT AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this is an
amendment to a contract that was previously approved which is being reduced by the State; however, it
is only a 9.8 percent reduction. Dr. Wallace stated the program previously anticipated a gain in funding
due to efficiencies which saved some money; however, with this reduction, there will be no change in
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program deliverables. He noted that media purchases will be eliminated, staff/community meetings will
cease, and travel expense for staff training will be limited. He stated the reduction, in the amount of
$24,924.00, results in a remaining balance of $230,705.00, and staff is planning for further reductions in
the future. In response to Commissioner Conway, Dr. Wallace confirmed these reductions are a result
of Amendment 35, as well. Commissioner Rademacher moved to approve said amendment and
authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER COLORADO IMMUNIZATION PROGRAM STATEMENT OF WORK FOR TDAP
COCOONING PROJECT EXPANSION AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated
funding has been received under the American Recovery and Reinvestment Act (ARRA), and the
additional coverage will provide additional immunization coverage for infants and certain adults,
including caregivers of infants. He stated the term of the Statement of Work is October 1, 2009,
through September 30, 2010, in the amount of $24,999.00, to cover public health nurse hours, vaccine
administration, promotion, and clinic supplies. In response to Commissioner Conway, Dr. Wallace
stated he anticipates serving 520 clients by the end of the first part of the grant cycle, and they will also
be distributing 1,000 vouchers; however, it is somewhat difficult to determine how many families will be
served since the number of family members varies. He further stated they intend to reach out to
mothers of newborns at the hospital, as well as through the immunization coalition. Responding further
to Commissioner Conway, Dr. Wallace stated Pertussis, or whooping cough, has a higher rate of
outbreaks in the County, and it is an ongoing illness. Commissioner Conway moved to approve said
Statement of Work and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
CONSIDER FOUR AGREEMENTS FOR RADIOLOGY SERVICES AND AUTHORIZE CHAIR TO
SIGN - BANNER HEALTH, DBA NORTH COLORADO MEDICAL CENTER: Dr. Wallace stated all four
agreements are related to programs that have been approved by the Board, and all four programs have
the need to purchase diagnostic services to provide screening. He stated Banner staff and the County
Attorney's Office have been working for the past 18 months to revise these agreements and bring them
into a consistent format. He stated the agreements outline the services which are to be purchased, and
they also include a fee schedule which is consistent with the grant funding previously approved.
Dr. Wallace noted that there is a clerical error on Schedule A of the agreements concerning the
Colorado Family Planning Initiative and the Tuberculosis Control Program, and he requested the Chair
and the authorized signer for Banner initial a change to strike the word "not" so that the remaining
language states, "Listed below are procedures that are included under this Agreement". Commissioner
Kirkmeyer moved to approve said agreements, with the proposed amendment, and authorize the Chair
to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - WELLS FARGO BANK
NATIONAL ASSOCIATION: Chair Garcia stated Christopher Woodruff, Assessor, called prior to the
meeting and requested this matter be continued to the next Board meeting due to a schedule conflict.
Commissioner Conway moved to continue this matter to Wednesday, October 7, 2009, at 9:00 a.m.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER ASSISTANCE AGREEMENT FOR ENERGY EFFICIENCY RETROFITS AND
TRANSPORTATION EFFICIENCY PROJECT AND AUTHORIZE CHAIR TO SIGN - U.S.
DEPARTMENT OF ENERGY: Monica Mika, Director, Department of Administrative Services, stated
Weld County is the recipient of American Recovery and Reinvestment Act (ARRA) funds, in the amount
of $616,400.00, which are to be used on energy recovery and enhancement projects. She stated the
agreed upon projects include an Enhancement or Energy Efficient component which will provide for an
upgrade to the Centennial Center jail boiler, upgrades to the HVAC in the 1400/1402 buildings and the
Human Resources and Administration building, and upgrades to lighting in the Courthouse and the
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1400/1402 buildings. She stated the second component is for Transportation Software, which will be
used for the transportation route match, showing more efficiency in combining transportation needs with
actually being able to provide that service. She stated the grant amount will be matched with $122,000
of general fund money, and all these projects were already under consideration for general overall
County maintenance and this grant allowed them to be considered under one project. Ms. Mika
indicated the Bella Romero Sidewalk project and renovation of the Courthouse windows were
considered; however, they were removed due to funding limitations. She anticipated the project and all
associated reporting will be completed in the next nine months. In response to Commissioner Garcia,
Ms. Mika stated part of the grant process required a study of the anticipated cost savings as a result of
energy efficiencies, and she anticipates an overall 20 percent return on the investment. She further
stated the $122,000 is actually a cost recovery since some of the systems were at their life expectancy
and needed to be replaced anyway. Responding to Commissioner Conway, Ms. Mika stated the
Courthouse windows were removed from consideration at this time because it is a historic building and
replacing the window casings meant more cost, paperwork, and inspections. She agreed that from an
energy efficiency standpoint, the windows would have been a really good project. In response to
Commissioner Garcia, Barb Connolly, Controller, stated the $122,000 was already budgeted for
projects that were anticipated. Commissioner Rademacher moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER EQUIPMENT LEASE WITH OPTION TO PURCHASE AND AUTHORIZE CHAIR TO SIGN
— POWER EQUIPMENT COMPANY: Ms. Connolly stated the Department of Public Works is
proposing to lease a used Volvo loader, in the amount of $8,800.00 per month. She explained the
equipment was scheduled to be replaced next year; however, a new loader will cost almost twice as
much, and this used piece of equipment only has 600 hours of use. In response to Commissioner
Conway, Ms. Connolly stated the lease term is for one year; however, the lease can be terminated at
any time for the purpose of purchasing the equipment. Responding to Commissioner Rademacher,
Ms. Connolly stated this item is scheduled for rotation in 2010; however, staff found that the item can
be rented and used for the remainder of this year, and then actually purchase the loader out of 2010
funds. In response to Commissioner Conway, Ms. Connolly stated the rental payments will be credited
toward the purchase cost. Commissioner Conway moved to approve said lease with option to
purchase and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER LAW ENFORCEMENT SPECIAL DUTY AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - RITCHIE BROTHERS: Bruce Barker, County Attorney, stated this type of agreement has been
done in the past, the term of this agreement will run through December 31, 2010, and the Sheriff's
Office will bill Ritchie Brothers at the rate of $51.00 per hour. He stated, according to Alan Caldwell,
Sheriff's Office, the rate covers the entire cost of providing the service. In response to Chair Garcia,
Mr. Barker stated this is similar to the agreement with Aims Community College. In response to
Commissioner Rademacher, Mr. Barker stated he will need to check with Mr. Caldwell regarding how
many deputies and vehicles will be required pursuant to this agreement; however, the primary purpose
is to provide security and traffic control for large events that generate a lot of traffic entering and exiting
the property. Responding to Commissioner Kirkmeyer, Mr. Barker stated he believes the Sheriff's
Office has reviewed the overall cost of providing the service. In response to Commissioners
Rademacher and Conway, Mr. Barker confirmed the rate is $51.00 per hour, and he will review what
the cost was in the past. Commissioner Kirkmeyer expressed concern with entering into an agreement
with a non -governmental entity without confirmation that the full cost will be recovered. Commissioner
Conway moved to continue said agreement to October 7, 2009, to allow for additional review of the
agreement terms with Mr. Caldwell. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
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CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO FAIR BOARD: Commissioner Kirkmeyer
moved to appoint Scott Pruett, Brittany Van Riper, and Teri Segelke to the Fair Board, and to reappoint
Laurie MacDonald, Stuart Gebauer, and Jennifer Blandin, all with terms to expire September 30, 2012.
Seconded by Commissioner Conway, the motion carried unanimously.
PLANNING:
CONSIDER INTERGOVERNMENTAL AGREEMENT CONCERNING LAND USE REFERRALS
WITHIN A COOPERATIVE PLANNING AREA AND AUTHORIZE CHAIR TO SIGN — CITY OF
GREELEY: Brad Mueller, Department of Planning Services, stated this agreement is being entered
into in conjunction with completion of the East Greeley/Weld County Sub -Area Study. He indicated the
general intent is to formalize improved communication between Weld County and the City of Greeley
and to have a reference point with the Study. He stated execution of this agreement also fulfills the
requirements of the Grant from the Department of Local Affairs. Mr. Mueller stated the Board
previously reviewed the terms and proposed changes, which were accepted by the City of Greeley. In
response to Chair Garcia, Mr. Mueller stated County staff currently processes referrals for land use
matters within the three-mile referral area; however, this deals specifically with the study area and
obtaining referrals from the City related to that area. Responding further to Chair Garcia, Mr. Mueller
stated he does not anticipate any change in the referral process, nor does he anticipate a significant
workload increase. In response to Commissioners Rademacher and Conway, Mr. Mueller stated there
are no additional public hearings or open houses scheduled concerning this matter, the agreement was
approved by the Greeley Planning Commission, and it will be considered by the City Council tomorrow
evening. Commissioner Long commented he finds it odd that City staff approached the County for this
specific planning area, and he would rather support an Intergovernmental Agreement (IGA) that
includes not only the surrounding unincorporated areas, but also the entire City proper. Mr. Mueller
stated the referrals that are currently received are primarily concerning annexations, and this IGA will
include rezoning and potentially major developments within the designated study area. He stated this
appears to be a good start as a trial area, and it may lead to a future agreement which encompasses
more area in the future. In response to Commissioner Conway, Mr. Mueller stated it would be difficult
to modify the agreement at this point since this deals specifically with the area identified in the Study.
Commissioner Long stated this IGA is not consistent with the draft IGA template that was recently
distributed with the other municipalities. Commissioner Kirkmeyer concurred; however, she noted the
Study was started almost two years ago as a result of a grant, and the grant reimbursement will only be
made if there is an IGA in place. She stated this IGA is fairly limited in scope, and it does not
necessarily conflict with the draft IGA template that has been proposed. Commissioner Rademacher
stated he understood this IGA only addresses the Study area; however, he also agrees with the idea of
trying to expand the identified area in the future. Responding to Chair Garcia, Mr. Mueller stated
approval of this IGA will serve as an interim step in working towards future discussions regarding the
proposed draft IGA template. He stated delaying consideration of this IGA may hinder the County's
other IGA efforts, and he agreed that this document does not conflict with the terms of the draft IGA
template. Responding to Commissioner Rademacher, Mr. Barker indicated the City Council does not
have the ability to propose modifications at the upcoming meeting. Commissioner Rademacher moved
to approve said agreement and authorize the Chair to sign. Commissioner Kirkmeyer seconded the
motion. Commissioner Long stated, based on the discussion, he will support the motion. He stated he
recognizes this will require the County to follow through on the referrals that are currently being
completed as a courtesy. Mr. Mueller indicated two clerical corrections need to be made. He stated in
the third line of Item #2, the word "limit" should be replaced with "limited". Mr. Barker also clarified the
title for Item #6 should be corrected to state, "Additions and Modifications". Commissioners
Rademacher and Kirkmeyer agreed to amend their motion to include said corrections. There being no
further discussion, the motion carried unanimously.
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HEALTH:
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION FOR VIOLATION OF THE COLORADO RETAIL FOOD ESTABLISHMENT RULES AND
REGULATIONS — LITTLE RED BARN: Dan Joseph, Department of Public Health and Environment,
stated the Little Red Barn, which is operated by Angela Krueger at 4005 35th Avenue, Evans, Colorado
80620, has failed to obtain a Retail Food Establishment License. He stated various contacts have been
made and during each attempt staff has explained that the operation requires a valid retail food
establishment license if selling potentially hazardous food. Mr. Joseph stated the operator has
continued to sell potentially hazardous food despite discussions and the assessment of a civil penalty.
He stated staff visited the site of September 23, 2009, at which time Ms. Krueger did provide a burrito
without the appropriate license. He stated the Department of Public Health and Environment
recommends the assessment of an additional civil penalty, in the amount of $1,000.00, in addition to
the current $500.00 penalty, and direct the County Attorney's Office to pursue legal action against the
facility for all food operations. In response to Commissioner Rademacher, Mr. Joseph stated the two
issues of concern are the preparation of food without the appropriate license, as well as the issue of
concern with preparing the food at a residence. In response to Commissioner Conway, Mr. Joseph
stated in previous conversations Ms. Krueger has expressed her intent to obtain a license; however,
this has been ongoing since May, 2009, and a license has not been issued. Responding to
Commissioner Rademacher, Mr. Joseph stated the license process typically takes a month to
complete, and the license fee and application fees total approximately $500.00, which does not include
any required facility upgrades. Responding to Chair Garcia, Mr. Joseph stated staff did agree to a
payment schedule concerning the initial $500.00 civil penalty; however, once it was determined that
Ms. Krueger was continuing to sell burritos, the option was denied and an additional penalty is now
recommended.
Angela Krueger, operator/property owner, stated she was involved in a traffic accident four years ago,
and she wants to be self-sufficient; however, it takes time to determine what services or products the
public is willing to buy. She explained if she purchases a license, then she won't have sufficient funds
to purchase the necessary equipment. Ms. Krueger stated she has been operating out of a Tuff shed,
which has been remodeled, and she even had a traffic report completed to determine the volume of
potential customers in the area. In response to Chair Garcia, Ms. Krueger indicated she understood
the information provided by Health staff when they contacted her on May 18th; however, she is
financially unable to convert the store as requested. She stated she is still working with the Department
of Planning Services to determine whether the proposed use is even allowed on her property, and she
has scheduled a meeting on October 8, 2009, with Ann Siron, Zoning Compliance Officer, to determine
whether this use is something she can pursue. Mr. Joseph confirmed the issue of land use and zoning
was not discussed at the previous meeting. In response to Commissioner Kirkmeyer, Ms. Krueger
stated she is willing to cease all operations until the appropriate process is completed. Chair Garcia
suggested Ms. Krueger consider renting a facility in the interim, and he also encouraged her to contact
Dick Pickett with the Greeley Chamber of Commerce for consultation. Mr. Joseph also requested
direction from the Board on whether the current $500.00 penalty should be enforced. Commissioner
Rademacher stated he would have been willing to waive all of the penalties if Ms. Krueger would have
ceased back in May; however, he thinks the $500.00 is appropriate. Ms. Krueger stated she is allowed
to sell pre-packaged food items that do not require heating. In response to Commissioner Conway,
Mr. Joseph reiterated the issue of heating food has been explained since their first meeting in May.
Commissioner Long stated he applauds Ms. Krueger for her attitude despite her circumstances, and he
is willing to waive all of the penalties if she is willing to cease operations today. Commissioner Conway
agreed and suggested she take advantage of the second chance that the Board is offering.
Responding to Chair Garcia, Ms. Siron stated if all business activity ceases, the signs are removed,
and customers quit coming, then the violation would be closed; however, if Ms. Krueger intends to
pursue a Use by Special Review (USR) permit, the Violation case will remain open until the USR is
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approved. She further stated if she does not pursue a USR, yet the use continues, then the Violation
case will be presented to the Board. In response to Commissioner Kirkmeyer, Mr. Barker stated the
Board does not have the authority to issue a Cease and Desist Order; however, if Ms. Krueger willingly
agrees to cease all operations, then the Board does have the authority to dismiss the Violation and
waive the assessed penalty. He further stated, if the use does not cease, the Violation is active and
staff will be able to assess the penalties. In response to Commissioner Rademacher, Ms. Siron stated
the USR process can take six to eight months to complete if the applicant is diligent, and she noted that
the shed structure has not been inspected by the Department of Building Inspection. Commissioner
Rademacher clarified that although he realizes it will be a hardship, the Board is contemplating shutting
down the business for six to eight months. Chair Garcia summarized that even if Ms. Krueger ceases
to warm and sell burritos, but continues the sales of pop, candy and chips, etcetera, then there is still a
zoning violation. Ms. Krueger stated she understands all of the discussion and that she must decide
whether to cease entirely until the appropriate permits are in place, or be pursued through the Violation
process. In response to Commissioner Rademacher, Ms. Siron stated any business operation is
considered a zoning violation at this property. Commissioner Kirkmeyer moved to dismiss the violation,
to not assess the recommended $1,000.00 penalty, and to suspend the previously assessed $500.00
penalty, upon verification by staff that all business operations have ceased. Commissioner Long
seconded the motion. In response to the Board, Mr. Barker recommended the matter be referred to the
County Attorney's Office to proceed, with instruction to delay if a cease and desist occurs.
Commissioners Kirkmeyer and Long agreed to amend the motion as stated by Mr. Barker. Mr. Barker
explained that the matter currently before the Board is the Retail Food Establishment License; however,
the intent is that the applicant also be advised that a Use by Special Review is necessary before
business operations may commence. There being no further discussion, the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
There being no further business, this meeting was adjourned at 10:20 a.m.
ATTEST:
Weld County Clerk to the
BY
Deputy Clerro the Boar
BOARD OF COUNTY COMMISSIONERS
WELD CITY, COLORADO
William F. Garcia, Chair
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